HF 2306 (LSB 5742YH (4) 88)

HOUSE FILE 2306

BY  PAUSTIAN

A BILL FOR

An Act relating to public safety nuisances concerning licensed premises where alcoholic beverages, wine, or beer is sold or consumed.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  123.56  Public safety nuisances —— procedure.
   1.  A public safety nuisance exists at a licensed premises for purposes of this section when it is established by clear and convincing evidence that an owner, manager, employee, contemporaneous patron or guest of a premises licensed under this chapter commits any of the following acts either on the premises or within one thousand five hundred feet of the premises:
   a.  Unlawfully discharges a firearm or uses an offensive weapon, as defined in section 724.1, regardless of whether it inflicts injury or death.
   b.  Assaults another person with a dangerous weapon as defined in section 702.7 resulting in injury or death.
   c.  Engages in a riot as defined in section 723.1 on at least three separate days within any twelve-month period in which a peace officer responded for purposes of dispersing the participants in the riot. A person who willingly joins in or remains a part of a riot need not be the same person for each riot incident.
   2.  If the county attorney or city attorney where the licensed premises is located has reason to believe a public safety nuisance that constitutes a serious threat to the public safety exists, the county attorney or city attorney, or attorney acting at the direction of the county attorney or city attorney, may file a suit in equity in district court without bond seeking abatement of a public safety nuisance arising from a premises licensed under this chapter pursuant to the requirements of this section.
   3.  An action filed pursuant to subsection 2 shall be given priority over other business pending before the district court and the trial shall begin within forty-five days after the filing of the action. The petitioner may seek a temporary injunction prior to trial.
   4.  In an action seeking abatement of a public safety nuisance as provided in this section, evidence of other current violations of this chapter may be received by the court and considered in determining the remedial provisions of any abatement order. In addition, evidence of prior sanctions, violations of law, nuisance behavior, or general reputation relating to the licensed premises may be admissible in determining the reasonableness of remedial provisions of an abatement order. However, evidence of a prior conviction of the licensee, managers, employees, or contemporaneous patrons and guests is not necessary for purposes of considering or issuing an abatement order under this section. In an action under this section, the administrator may submit to the court a report as evidence on behalf of the division regarding the compliance history of the licensee or permittee for consideration by the court.
   5.  If the district court finds that a public safety nuisance exists, the court may enter judgment declaring the existence of the nuisance and order such remedial action as the court determines reasonable to abate the nuisance. The abatement order may take the form of an injunction. The duration of an abatement order may be up to two years. Remedial action may include but is not limited to temporary closure of the licensed premises, revocation of the license for such period of time as is consistent with section 123.40, required change in business practice or operations, or posting of a bond. If a bond is ordered and posted, the bond shall be subject to forfeiture, in whole or in part, for any further actions contrary to the abatement order.
   6.  This section shall be the exclusive method for establishing and abating a public safety nuisance as described in this section.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill establishes the requirements for establishing and abating a public safety nuisance under Code chapter 123.
   New Code section 123.56 provides that a public safety nuisance exists when it is established by clear and convincing evidence that an owner, manager, employee, contemporaneous patron, or guest of a premises licensed under Code chapter 123 unlawfully discharges a firearm or uses an offensive weapon, assaults another person with a dangerous weapon, or engages in a riot on at least three separate days within any 12-month period, on the premises or within 1,500 feet of the premises.
   The bill provides that if the county attorney or city attorney where the licensed premises is located believes a public safety nuisance exists, the county attorney or city attorney, or attorney acting at the direction of the county attorney or city attorney, may file a suit in equity in district court without bond seeking abatement of the public safety nuisance. The bill provides that a public safety nuisance action shall be given priority over other business pending before the district court and the trial shall begin within 45 days after the filing of the action. The bill then describes evidence that may be considered in an action seeking abatement of the public safety nuisance. Finally, the bill provides that if the district court finds that a public safety nuisance exists, the court may enter judgment declaring the existence of the nuisance and order such remedial action as the court determines reasonable to abate the nuisance. The bill describes appropriate remedial action that may be taken by the district court.
   The bill also provides that the new Code section shall be the exclusive method for establishing and abating a public safety nuisance as described in the new Code section.